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Resolution 2003-48 RESOLUTION NO. 2003-48 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COST SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND WHEREAS, pursuant to the authority given by Article III of Chapter 12 of the Gilroy City Code, the City Council of the City of Gilroy did on the 1st day of April, 2002, regularly adopt Resolution No. 2002-20 designating certain weeds growing or existing in the City of Gilroy and refuse accumulating in the City to be a public nuisance and ordering the Chief of the Fire Department to give notice of the passage of said resolution by posting and publication in the same manner and for the same time as set forth in Section 12.48 of said code, and the Chief of the Fire Department did cause said notice to be so given; and WHEREAS, pursuant to Resolution No. 2002-20, the property owners as stated on the latest tax assessor's role of the lots or parcels determined to have weeds growing or existing, and/or refuse accumulating were duly noticed that: (1) said weeds and refuse have been determined to constitute a public nuisance, (2) a public hearing would be held at which the City Council would hear and consider any and all objections to the proposed destruction or removal of said weeds or refuse, and (3) weeds and refuse not removed by the property owners will be removed by City authorities, in which case the cost of such destruction and/or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds and accumulation of refuse have been destroyed or removed, and such costs will constitute a lien \NVH\589841.1 01-052103-04706002 -1- Resolution No. 2003-48 upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected; and WHEREAS, the City Council fixed April 15, 2002, at the hour of 7:00 o'clock p.m., in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing provided for in Section 12.50 of said Code, and the notice given included a statement of the said time and place of hearing; and WHEREAS, the said hearing was held on that date in accordance with the City Code and no objections were made to the proposed removal and destruction of the weeds and refuse, and the City Council did thereupon at said meeting regularly adopt Resolution No. 2002-51 requiring the Chief of the Fire Department to abate said nuisance by having the weeds destroyed or removed as provided for in Section 12.51 of the Gilroy City Code and the refuse removed; and WHEREAS, the Chief of the Fire Department has filed his report with the City Council, setting forth the actions taken in abating the said nuisance which report includes an account of the cost of the abatement and an assessment list and identification of each separate lot or parcel of land by description, together with the expense proposed to be assessed against each separate lot or parcel and the name of the owners or reputed owners ("Owners") thereof as follows: OWNER LOCATION APN NO. ABATEMENT COST Wun I Chang, et al. 37 Rock Harbor Ln. Foster City, CA 94404 Renz Lane, north of 841-10-053 Pacheco Pass Highway $395.00 Tosco Operating Co., Inc. P.O. Box 52085 Phoenix, AZ 85072 Southeast corner of 808-01-005 First Street and Santa Teresa Boulevard $475.00 and \NVH\589841.1 01-052103-04706002 -2- Resolution No. 2003-48 WHEREAS, it appears that the Chief of the Fire Department has taken all actions required of him in abating said nuisance and removing said weeds and refuse and that the cost thereof as shown in said report is correct and should be confirmed; and WHEREAS, the City Clerk fixed July 7,2003, at the hour of 7:00 o'clock p.m., in the Council Chambers in the City Hall at 7351 Rosanna Street, in the City of Gilroy, as the time and place for the hearing provided for in Section 12.53 of Gilroy City Code at which time the report and assessment list was to be presented to the City Council of said City for consideration and confirmation, when any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard; and WHEREAS, the Owners were duly noticed of said hearing at which the City Council would be presented with the report and assessment list for consideration and confirmation, the abatement costs proposed to be assessed upon the Owners and the right of all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, to appear at said time and place and be heard; and WHEREAS, the said hearing was held in accordance with the Gilroy City Code. NOW THEREFORE, BE IT RESOLVED, that a copy of this resolution and of said report of the Chief of the Fire Department be turned over to the County Director of Finance who constitutes the Assessor and Tax Collector of the City of Gilroy, and the amounts shown on said report as the cost of the removal of the weeds and refuse from each of the respective properties and certified as unpaid shall be and constitute a lien on the property for the amount of such assessment respectively, and the said Assessor and Tax Collector shall add the amount thereof to \NVH\589841.1 01-052103-04706002 -3- Resolution No. 2003-48 the next regular bill for taxes levied against respective lots and parcels of land for municipal purposes. PASSED AND ADOPTED this 7th day of July, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PINHEIRO APPROVED: <" . Az~r: / ~#-~. Rhonda Pellin, City Clerk \NVH\589841.1 01-052103-04706002 -4- Resolution No. 2003-48 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2003-48 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of July, 2003, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 17th day of July, 2003. ..~ (Seal)